Tennessee HB 2044 (2018) & Tennessee SB 2566 (2018) require annual reporting by the state Finance Commissioner concerning how much Tennesssee spends acquiring property via eminent domain.
Category Archives: legislation trend
Eminent Domain to Claim Statues from the Home of Purple Irises
Tennessee is considering a bill that would grant the state eminent domain authority, retroactively, over conferederate statues.
The Properties Act would apply to statues on land that the state government previously but not currently owns.
WMC 5 | Proposed bill could grant state eminent domain over Confederate statues
Transportation Eminent Domain Costs Trigger State Audit. 3 Catalysts. 4 Audit Recommendations.
California High Speed Rail, Phase 1, will face an audit after these 3 things happened:
- Projected costs for phase 1 of California’s high speed rail have risen by $3 Billion
- A bipartisan group of legislators requested a formal audit
- Concerns that the project will need state subsidies
Due to the projected cost increase, the audit will make the following recommendations:
- how to accelerate the project’s timeline
- reduce costs and identify other sources of revenue
- best practices for approving…
Legal TREND. Are Private Entities Using Eminent Domain Subject to Open Records?
A Louisiana Court ruled that Public Records Laws Not Applicable To Private Pipeline Company.
Arguments for Open Records: If the entity performs a governmental role, like taking property, it should be subject to open records
The Court’s response— there is no basis for applying open records requirements in this matter.
Red River Radio | Judge Rules Public Records Laws Not Applicable To Private Pipeline Company
Blight Bill from the Home of the Red Carnation. Faster Clean Up in 4 Steps.
Ohio Legislature is considering HB 482 to expedite blight remediation.
HB 482 will:
- Cut in 1/2 the amount of time a property owner has to remediate blight from 60 days to 30 days
- Cuts in 1/2 the amount of time to hold a hearing on the property from 28 days to 14 days
- Cuts in 1/2 the amount of time a property owner has to remediate blight if there is an injunction from 30 days to 14 days.
- The evidentiary standard to show blight: preponderance of the evidence
Previous version included…
New Private Property Rights. Property Rights in the Internet. 3 Key Points to Issue Coming to State legislatures.
What’s the issue: CATO, and libertarian groups, believe that there are private proeprty rights in the internet
What’s the rational for private property rights on the internet? the Communications Decency Act Section 230 “helps tech companies act non-neutrally toward user generated content on their platforms”
CATO highlights Texas Senator Ted Cruz’s opposition to finding private property rights on the internet.
CATO Institute | Why Is Sen. Ted Cruz so Opposed to Private Property Rights on the…
Lege TREND. Annexation Timelines Removed from Municipal Elections. Read the Bill.
Georgia Legislature is considering HB 679 which would prohibit annexation effective dates cannot be 90 days before a municipal election.
Lege TREND. Property Rights. Annexation Veto Power for Counties. Read the Bill.
Indiana is considering SB 268 would give counties permission to veto annexation if 2 of 3 county commissioners vote to block the annexation.
There’s a time limit on this veto power: 90 days.
Lege Trend. 3 limits for eminent domain by a private company in this piece of legislation
Nebraska’s LB 1017 (2018) would require:
- pipelines to prove by preponderance of the evidence that the pipeline is a public use & that just compensation was paid
- include in the calculation of just compensation the economic benefit to the private company
- Construction limitations including:
- $100 Million performance bonds
- A filed decommissioning plan for piepline removal at the end of the pipeline’s use
Lincoln Journal Star | Bob Krist bill would tighten requirements for pipeline…
Lege Trend. Eminent Domain Compensation. New Calculations for Lost Profits for Businesses & Farms. Read the Bill.
Virginia Legislature is considering SB 809 that reframes lost profit for eminent domain property valuations by:
- applying lost profits to businesses & farms
- applies to a partial taking of land
- the valuation calculation begins once the property owner is prevented from using all of his land or any property rights are taken.